Penalty for Violating Custody or Visitation Agreement in New York

If you or your child’s other parent do not follow your order for child custody or visitation in New York, then you will likely be considered to be in violation of that order. If you are violating a child custody order in New York, then you will be considered to be in “contempt of court.”

When a parent is found in contempt, that essentially means that they have disobeyed a court order, and they can then face serious consequences.

Potential consequences for not following a court order for custody or visitation include:

• Contempt of Court: As noted above, the violating parent can be held in contempt of court, which can result in fines, attorney fees, changes in custody or visitation, or even jail time
• Enforcement Actions: The other parent can also file a violation petition in the original Family Court, asking the court to enforce the order, which may include sanctions or penalties for non-compliance
• Modification of Custody Orders: If the custody or visitation violations continue, the court may modify the custody order to better reflect the child’s best interest standard in New York, such as by restricting the violating parent’s custody or visitation time
• Police Involvement: In severe cases of violation, such as parental kidnapping, the police can be contacted to enforce the order and return the child

It is important to note that the punishments for violating a court order for custody or visitation in New York can be found under the Family Court Act and the Domestic Relations Law. The laws found in those sections address the exact penalties for failing to follow a custody or visitation order.

Specifically, Family Court Act § 428 addresses the enforcement of custody and visitation orders and outlines the potential consequences for violations, including contempt of court. Further, Family Court Act § 846 provides for the modification of the child custody or visitation orders if one party fails to comply with the existing order.

What Can You Do if Your Child Custody or Visitation Order Was Violated?

If there has been a visitation or custody court order violation, then you have many different options. If you believe that your child custody or visitation order has been violated in New York, then you should take the following steps:

• Document the Violation: First, it is important to keep detailed records of the violation, including dates, times, and any relevant communication or incidents
• Attempt Resolution: You should then try to resolve the issue amicably with the other parent through open communication or mediation
• File a Violation Petition: If an amicable resolution is not possible, then you can file a “Violation Petition” in Family Court
  • That petition will ask the court to enforce the order and address any violations
• Court Hearing: You may then attend a court hearing where you can present evidence of any violations
  • The judge will listen to both parties and make a determination based on the best interests of the child
• Possible Consequences: If the court finds that a violation occurred, it can then impose penalties such as fines, modification of the custody order, or even jail time for contempt of court, as noted above
• Seek Legal Advice: It is advisable that you consult with a family law attorney who can guide you through the process and help protect your rights if you believe your custody or visitation order was violated

How Can I Avoid a Child Custody or Visitation Dispute?

It is important to understand how child custody decisions in New York are made in order to avoid any disputes. As a legal term, child custody refers to the legal and practical relationship between a child and their divorced parent or legal custodian.

Once again, in New York, child custody is governed by the Family Court Act – Section 413. As a parent, if you have custodial rights over a child, that grants you the legal right to make important decisions regarding your child’s upbringing, including:

• The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
• The right to make religious decisions regarding what religion to raise her child in, if any
• The right to make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of her child or represent her child in a lawsuit
• The right to make medical decisions for their child, such as whether or not her child should undergo invasive and noninvasive procedures
• The right to make decisions regarding the psychiatric treatment for her child

In New York, the order that outlines your child custody and visitation rights is called an “Order of Custody and Visitation.” That order will be issued by the Family Court or the Supreme Court and will outline the responsibilities and rights of each parent regarding the care, control, and maintenance of the child.

However, if you violate that Order, then you may face the consequences outlined above. In order to avoid violating the Order, you should be sure to thoroughly read your order. Doing so will ensure that you do not violate the Order and end up in a child custody or visitation dispute.

Other than adhering strictly to your Order, other ways to avoid any disputes include:

• Open Communication: Maintaining open and respectful communication with the other parent, with focus on your child’s well-being
• Co-Parenting Agreement: Consider creating a detailed co-parenting agreement that outlines expectations, responsibilities, and how to handle conflicts that may arise with your Order
• Flexibility and Compromise: Be willing to compromise and show flexibility when unforeseen circumstances arise, such as holidays, vacations, or emergencies
• Document Everything: Keeping detailed records of all communications, agreements, and any incidents related to custody or visitation, can be useful if disputes arise
• Professional Mediation: If communication breaks down and you believe a dispute may be occurring soon, consider involving a neutral third party, such as a mediator, to help resolve conflicts
• Prioritize Your Child’s Needs: Always prioritize your child’s best interests and well-being above any personal grievances or conflicts with the other parent
• Seek Legal Advice: Finally, consulting with a local attorney in New York can help you to understand your legal rights and options, if there is an ongoing dispute

Should I Get a Family Law Attorney To Help With My Child Custody or Visitation Dispute?

If you are in a situation where there is a child custody or visitation dispute, then it is in your best interests to immediately consult with an experienced New York child custody attorney. LegalMatch can assist you with locating and setting up a legal consultation with an experienced child custody attorney in your area.

An attorney can help you understand New York’s specific laws regarding child custody and visitation orders, including how to navigate any disputes. An attorney will also ensure that your parental rights are protected throughout any legal proceeding.

They can help you navigate legal disputes with negotiation with the other party or attempting alternative dispute resolution. If those methods do not work, they can file the appropriate documents to resolve the dispute in a court of law. Finally, a custody lawyer can represent you at any in person court proceeding.